Entry of foreign lawyers and law firms: What kind of work are they allowed to do in India?

The Bar Council of India (BCI) on March 10 notified the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 (Rules) paving the way for the entry of foreign lawyers and law firms into the Indian legal landscape..The Rules enable international lawyers and arbitration practitioners to advise clients in India on foreign and international law.Such lawyers/law firms have to register with the BCI to undertake their activities in India. Under the Rules, they can even open offices in India..But what kind of work can they do?The Rules as they stand provide for a broad framework of the areas where such lawyers and law firms can practice.This piece attempts to explain the scope of work that foreign lawyers/law firms will be allowed to do..Let's begin by taking a look at what they CANNOT do..Litigation, appearing before courts and tribunals is off-limits.Rule 8(1) makes it amply clear that a foreign lawyer registered under the Rules shall be entitled to practice law in India in non-litigious matters only.Rule 8(2) further reaffirms this, stating that foreign lawyers or foreign law firms shall not be permitted to appear before any courts.They shall also not be involved or permitted to do any work pertaining to conveyancing of property, title investigation or other similar works.Hence, the entry of foreign law firms/lawyers will not in any way impact the litigation landscape and will not affect lawyers or law firms who are into litigation practice..So what are they permitted to do?.Rule 8(2) answers this question.It states that they shall be allowed to practice on transactional or corporate work on joint ventures, mergers and acquisitions, intellectual property matters, drafting of contracts and other related matters on a reciprocal basis.The Rule elaborates on the kind of work that is permissible by a foreign lawyer/law firm. - doing work, transacting business, giving advice and opinion concerning the laws of the country of the primary qualification of the concerned lawyer/law firm;- advising and appearing as a lawyer for a person, firm, company, corporation, trust, society etc. having an address or principal office or head office in a foreign country in an international arbitration case which is conducted in India and in such arbitration case where “foreign law may or may not be involved”.- advising and appearing as a lawyer for a person, firm, company, corporation, trust, society etc. having an address or principal office or head office in the foreign country of the primary qualification in proceedings before bodies other than courts, tribunals, boards, statutory authorities who are not legally entitled to take evidence on oath in which knowledge of foreign law of the country of the primary qualification is essential;- providing legal expertise/advise concerning the laws of the country of primary qualification and on diverse international legal issues, provided that such legal expertise/advise, unless otherwise provided for in these Rules, shall not include representation or the preparation of documents regarding procedures before an Indian court, tribunal or any other authority competent to record evidence on oath or preparation of any documents, petitions etc. to be submitted to any such forum regarding such procedure. .Scope of work restricted to foreign law.One important aspect that emerges from the Rules is that a foreign lawyer/law firm can advise only on foreign law, except in the case of international arbitration matters.The objects and reasons of the Rules says that the Rules are to enable foreign lawyers to practice foreign law in India.“Taking an all-inclusive view, the Bar Council of India resolves to implement these Rules enabling the foreign lawyers and Foreign Law Firms to practice foreign law and diverse international law and international arbitration matters in India on the principle of reciprocity,” it states.Rule 8 reaffirms this when it elaborates that such lawyers and firms can do work "concerning the laws of the country of the primary qualification."However, as regards international arbitration, Rule 8 states that it "may or may not involve foreign law.".To whom can offer they legal advise/expertise?.This appears to be a little unclear.In certain specific matters, such ‘legal advice’ can be given only to a person, firm, company, corporation, trust, society etc. who/which is having an address or principal office or head office in a foreign country.For example, in international arbitration, and for representing clients in proceedings before bodies (other than courts/tribunals etc), advice can be given only to a person, firm, company, corporation, trust, society etc. who/which is having an address or principal office or head office in a foreign country.But such a qualification does not exist in other cases..To sum up, the following activities are not permitted:- advice on Indian law;- appearing before any courts, tribunals or other statutory or regulatory authorities;- doing any work pertaining to conveyancing of property, title investigation or other similar work;- advising, representing or preparing documents regarding procedures before Indian courts, tribunal or any other authority competent to record evidence..Conclusion.The Rules, as they stand, have many grey areas on the permissible practice areas for foreign lawyers/law firms. However, more clarity can be expected in this regard as Rule 8(2) states that the BCI may lay down the same in detail. "The areas of practice of law by a foreign lawyer or Foreign Law Firm shall be laid down by Bar Council of India And if need be, the Bar Council of India may consult the Govt. of India, Ministry of Law and Justice in this regard," it states..[Read Rules]